Residential Possession Claims in Wales
Section 21 notices in Wales
The notice period for Section 21 (“no fault”) residential possession claims in England and Wales is, in normal times, two months. This was extended to three months in March; from 24 July, the Welsh government extended the notice period to six months for properties in Wales for notices served up to 30 September.
The Welsh government has now confirmed that the six-month notice period will apply until 31 March 2021. This brings Wales into line with the position in England which was discussed in our September Property newsletter.
Section 8 notices in Wales
In relation to possession claims made under Section 8 (fault-based claims), different notice periods apply depending on the grounds on which possession is sought. Since March there have been various changes to the notice periods required.
In Wales the position until 31 March 2021 is that, for most cases, six 6 months’ notice is required when serving a Section 8 notice. However, a shorter notice period applies where Section 8 claims are based on criminal activity, antisocial behaviour or domestic violence. There are differences between the notice periods required in England and Wales for different grounds of possession so landlords should check the rules carefully before serving a notice.
Updates to documents and guidance
The documents and guidance relating to possession proceedings under Section 21 and Section 8 of the Housing Act 1988 have been amended to reflect the new notice periods in Wales.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.